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Contract says my daily wage includes holiday pay!


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I have for the last three years worked for a UK based company in Holland doing 2 week on 2 week off 12 hour shifts. We are paid a daily rate and I would have classed my self as an employee as I am PAYE.

About a year or so ago 30 mins before a Maritime Labor Convention inspection I was asked to sign a contract as it was required for the inspection. I signed.

It states under wages that the amount included holiday pay. no amounts are given and as I understand it this is okay if its negotiated, transparent in the contract ( x amount is wage X amount is holiday pay) and its shown on the pay statement. None of this has happened.

My question is can I claim for Unlawful deduction of wages as I have always understood that my daily rate was just wages.

Now you may ask what about holidays...we dont take them as we in effect get 26 weeks a year off.

To muddy the waters even more the company has been bought by a Dutch company. Does a ET have sway over a European company.

Edited by divertitch
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You are correct in your references as to what would be permissible in terms of UK law with regard to rolled up holiday pay

 

However:-

 

Whilst an ET would not have jurisdiction over a Dutch company - so long as there is no business presence in the UK or obvious connection of that company to a UK business - the rules over rolled up holiday pay are more strict - Rolled Up Holiday Pay is unlawful under the Working Time Directive.

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Thanks for that Sidewinder.....Looks like I missed the boat with that one was going to try and claim back the deducted pay. There are around 200 UK based skippers working on Windfarm vessels working 2 or 3 week shifts and I dont know one that gets normal paid holidays. Holiday pay is always rolled up. Cheers for the advice.

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